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Spann v. Ameristep

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


June 4, 2007

MICHAEL SPANN, PLAINTIFF,
v.
AMERISTEP, INC., A CORPORATION, WAL-MART STORES, INC., A CORPORATION, ULTRA PRODUCTS, LTD., MID-STATE PLATING COMPANY, INC., A CORPORATION, GORDON JOHNSON D/B/A ULTRA PRODUCTS, LTD., AND HINDLEY MANUFACTURING COMPANY, INC., A CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: David R. Herndon United States District Judge

ORDER

Now before the Court is Plaintiff Michael Spann's motion to remand. (Doc. 47.) As of this date, no Defendant has filed a response to the motion. The time to file a response has expired. Pursuant to LOCAL RULE 7.1(g), the Court considers this failure to respond an admission of the merits of the motion.*fn1

On October 23, 2006, Defendant Hindley Manufacturing Company, Inc. ("Hindley") filed a notice of removal (Doc. 2) of this action from the Circuit Court of the Third Judicial Circuit of Madison County, Illinois. In the notice of removal (Doc. 2), Defendant Hindley stated that the basis for removal was diversity jurisdiction pursuant to 28 U.S.C. § 1332. At that time, complete diversity existed and the amount in controversy exceeded $75,000. However, on April 30, 2007, Plaintiff filed an amended complaint (Doc. 51) adding Gordon Johnson d/b/a Ultra Products, Ltd. as a Defendant, which destroyed complete diversity. No other grounds for federal jurisdiction exist. Therefore, the Court GRANTS Plaintiff's motion to remand (Doc. 47) and REMANDS this matter to the Madison County Circuit Court. Further, the Court DIRECTS the Clerk of the Court to transmit the complete file to the Clerk of the Madison County Circuit Court no sooner than June 14, 2007 and thereafter to close this Court's file.

IT IS SO ORDERED.


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